Judgment Search Results Home > Cases Phrase: government of national capital territory of delhi act 1991 section 37 courts not to inquire into proceedings of legislative assembly Page 1 of about 468 results (0.410 seconds)

Om Prakash Sharma vs.legislative Assembly of the National Capital Terr ...

Court : Delhi

..... it is contended by the respondents that the present petition is not maintainable in view of section 37 or the government of national capital territory of delhi act 1991 which provides that courts cannot enquire into the proceedings of the legislative assembly and no officer or member of the legislative assembly in whom powers are vested, by or under the government of national capital territory of delhi act shall be subject to the jurisdiction of the court in respect of the exercise by him of those powers.30 ..... articles 122(1) and 212(1) make it amply clear that courts cannot inquire into matters related to irregularities in observance of procedures before the ..... the punjab vidhan sabha ought not to have constituted a committee to inquire into the same. ..... appellant has contended that the punjab vidhan sabha has committed a substantive jurisdictional error by exercising powers under article 194(3) to inquire into the appellant's actions which were taken in his executive capacity. ..... subsequently, a committee appointed by parliament to inquire into the said member's activities found his conduct to be derogatory to the dignity of the house and inconsistent with the standard which parliament was entitled to expect from its ..... its role as a deliberative body which is expected to monitor executive functions in line with the idea of collective responsibility , the punjab vidhan sabha was of course free to inquire into the alleged misconduct and examine wp(c) 5629/2016 page 22 of 50 its implications. .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... territory. 92 part i i the government of national capital territory of delhi act, 1991 76 parliament enacted the government of national capital territory of delhi act 199177 to supplement the provisions of the constitution relating to the legislative assembly and a council of ministers for the national capital territory of delhi ..... time. 103 part j the transaction of business rules, 1993 j88the transaction of business of the government of national capital territory of delhi rules, 1993 ( transaction of business rules ) have been formulated by the president in exercise of powers conferred by section 44 of the gnctd act ..... . our attention, in the course of the proceedings, has also been drawn to the government of national capital territory of delhi act, 1991 (for brevity, the 1991 act') which came into force with effect from 2nd january, 1992 ..... . (2) the question whether any, and if so what, advice was tendered by ministers to the president shall not be inquired into in any court.163 ..... lg. the above conclusion is re enforced by looking into the 1991 act as well as rules framed by the president under section 44 of 1991 act, namely, the transaction of business of the government of national capital territory of delhi rules, .....

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... another question which bodes an answer is whether the creation of the delhi legislative assembly by the government of national capital territory of delhi act, 1991 (enacted by the parliament in exercise of power under article 239aa) has the effect of transforming the status of delhi from a union territory to that of a state?.114. mr. ..... .913. in exercise of the powers conferred by section 44 of the government of national capital territory of delhi act, 1991 (1 of 1992) the president made the transaction of business of national capital territory of delhi rules, 1993 for the conduct of business of the nct of delhi ..... . the respondents have further submitted that the aid and advice given to the president under article 74(2) of the constitution and that given to the lieutenant governor under section 42 of the government of national capital territory of delhi act, 1991 are also outside the scope of judicial scrutiny.248 ..... in this regard, in para 10 of its judgment, the constitution bench had construed the implication of provisions of section 239aa vis-a-vis the government of national capital territory of delhi act in some detail (emphasis by us) 160. ..... . under article 74(2), the question whether any, and if so, what advice was tendered by ministers to the president shall not be inquired into in any court.270 ..... this writ petitioner had initiated proceedings under section 34 of the arbitration and conciliation act, 1996 challenging an arbitral award. .....

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... another question which bodes an answer is whether the creation of the delhi legislative assembly by the government of national capital territory of delhi act, 1991 (enacted by the parliament in exercise of power under article 239aa) has the effect of transforming the status of delhi from a union territory to that of a state?.114. mr. ..... .913. in exercise of the powers conferred by section 44 of the government of national capital territory of delhi act, 1991 (1 of 1992) the president made the transaction of business of national capital territory of delhi rules, 1993 for the conduct of business of the nct of delhi ..... . the respondents have further submitted that the aid and advice given to the president under article 74(2) of the constitution and that given to the lieutenant governor under section 42 of the government of national capital territory of delhi act, 1991 are also outside the scope of judicial scrutiny.248 ..... in this regard, in para 10 of its judgment, the constitution bench had construed the implication of provisions of section 239aa vis-a-vis the government of national capital territory of delhi act in some detail (emphasis by us) 160. ..... . under article 74(2), the question whether any, and if so, what advice was tendered by ministers to the president shall not be inquired into in any court.270 ..... this writ petitioner had initiated proceedings under section 34 of the arbitration and conciliation act, 1996 challenging an arbitral award. .....

Delhi Bar Association (Regd.) Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2009SC693; JT2008(6)SC586; 2008(7)SCALE539

..... governor under section 41 of the government of national capital territory of delhi act, 1991 which provides that he shall act in his discretion in a matter outside the purview of the powers conferred on the legislative assembly but in respect of which powers or functions are entrusted to him or delegated to him by the president or when he is required under any law to act in his discretion.51. ..... the subject of correspondence between the registrar, high court of delhi and the secretary, government of nct of delhi was in fact in favour of division of delhi into five judicial districts and it is not clear as to when and how this figure of five was converted into a figure of nine in the absence of consensual decision either by the high court or by the government of nct. ..... : [1951]2scr51 , as necessarily including the power to try suits and proceedings of a civil as well as criminal nature, irrespective of who the parties to the suit or proceedings or what its subject-matter may be. .....

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

..... and whereas the following resolution was adopted by the delhi legislative assembly on 22/12/2015:- "that having noted with grave concern the serious allegations regarding irregularities in the functioning of the ddca, this house resolves that: pursuant to section 3 of the commission of inquiry act, 1952, a commission of inquiry be constituted by the government of the national capital territory of delhi to inquire into these allegations. ..... xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx in the year 1991, the constitution did provide for a legislature for the union territory of delhi [national capital territory of delhi] by the sixty-ninth (amendment) act (article 239-aa) but even here the legislature so created was not a full-fledged legislature nor did it have the effect of assuming that it could lift the national capital territory of delhi from union territory category to the category of states within the meaning of chapter i of part xi of the constitution ..... therefore, the conferment of power of the prescribed authority by the state legislature on the judicial officers cannot be construed to mean that the power of the high court under article 235 is inoperative or inchoate as the high court alone is the sole authority competent to initiate disciplinary proceedings against the subordinate judicial officers or to impose various punishments including passing of order of compulsory retirement on verification of the service record. .....

Agency Sales Limited Vs. Delhi Vidyut Board and anr.

Court : Delhi

Reported in : 2009(40)PTC269(Del)

..... 's claim, inter-alia, on the grounds that the suit was time barred having been filed beyond the period of limitation prescribed under article 72 of the limitation act, 1963; the suit had not been filed, signed and verified by a duly authorized person; the suit was not maintainable against government of national capital territory of delhi in view of the provisions of section 52 of the government of national capital territory act, 1991 and that the suit was liable to be dismissed for want of notices under ..... national capital territory act, 1991 ..... which normally arise for determination in suits for compensation against the government for tortuous acts of government servants and the same can be answered only after parties have led ..... observed as under:.this article would be attracted to meet the situation where the public officer or public authority or, for that matter, a private person does an under power conferred or deemed to be conferred by an act of the legislative by which injury is caused to another person who invokes the jurisdiction of the court to claim compensation for that act. ..... order vii rule 11(d) cpc the court is to assume the averments in the plaint to be true and still if the court finds that assuming all the averments in the plaint to be true the suit appears to be barred under some law for the time being in force only then the plaint can be rejected and if for deciding any point the defence of the defendant is to be taken into consideration then the provisions of order .....

Amrik Singh Lyallpuri. Vs. Union of India and Others.

Court : Supreme Court of India

..... in this connection, we can also refer to the provision of government of national capital territory of delhi act, 1991, namely, section 41 and particularly section 41(3). ..... (1) the lieutenant governor shall act in his discretion in a matter-(i) which falls outside the purview of the powers conferred on the legislative assembly but in respect of which powers or functions are entrusted or delegated to him by the president;or(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions. ..... or documents; and(f) any other matter which may be prescribed by rules, and every proceeding of an appellate tribunal in hearing or deciding an appeal or in connection with execution of its order, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196, of the indian penal code (45 of 1860), and every appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973, (2 of 1974)."5. ..... - in this act, unless the context otherwise requires,(1)"administrator" means the administrator of the national capital territory of delhi;"12.on a comparison of the aforesaid definitions, it is clear that there is not much difference in the aforesaid two definitions and by administrator is meant "lieutenant governor of the national capital territory of delhi".13. mr. .....

Government of NCT Delhi and ors. Vs. All India Central Civil Accounts, ...

Court : Supreme Court of India

Reported in : AIR2001SC3090; 94(2001)DLT1(SC); 2001LabIC3986; 2001(6)SCALE604; (2002)1SCC344; 2001(4)SCT1068(SC); 2002(1)SLJ127(SC)

..... all powers vested in him by the government of national capital territory of delhi act, 1991 [1 of 1992] [hereinafter referred to as 'the act']. ..... ministry of urban development; that prior to 1976, the cadre controlling authority was the accountant general under the comptroller of auditor general and after the departmentalisation of union accounts [transfer of personnel] act, 1976 came into force, the ministry of urban development became their controlling authority; that all the civil works and pwds of the union of indian have been treated to be under the ministry of urban development ..... the union of india, raised a preliminary objection on the basis of section 52(b) of the act which provides that all suits and proceedings in connection with the administration of the capital shall be instituted by or against the government of india. ..... xxii which is a subordinate office of chief controller of accounts, government of nct delhi and, therefore, contended that the assembly of nct delhi has full authority to make laws in respect of matters relating to public services which involved pwd also and the nct delhi [allocation of business] rules, 1993 have also led to creation of the separate department of ..... that though the union territories are centrally administered under the provisions of article 239 of the constitution, they do not become merged with the central government and they form part of no state and yet are the territories of the union, as has been held by this court is satya dev bushahri .....

Haryana State Lotteries, Iqbal Chand Khurana, M/S K and Co., M/S. Sunr ...

Court : Delhi

Reported in : 1998(46)DRJ397

..... pursuant to the article, the parliament enacted the government of national capital territory of delhi act. ..... thus, there is no repugnancy between the amendment inserted as clause (cc) by the legislative assembly for the national capital territory of delhi and the provisions of section 4 of the delhi sales tax act, 1975 as they stood enacted by the parliament. ..... it was also submitted that the impugned notice under section 23(6) of the delhi sales tax act calling upon the dealers to explain why proceedings be not taken for failure to file the return and secure registration for the period which had already elapsed amounted to malafide exercise of statutory power by the executive inasmuch as the intendment was to teach a lesson to the ..... it is interesting to note while presidential order authorises the government of states entering into lottery business and the decision of the supreme court in h. ..... article 239aa was inserted in the constitution by the 69th amendment act, 1991 w.e.f. ..... chancellor nagpur university, : (1991)illj574sc , the interpretation given by the court in a judicial pronouncement declares the law as it stood from the very beginning as per its decision and that it was never the law otherwise. ..... by the constitution (69th amendment) act, 1991, article 239aa was introduced in part viii of the constitution. ..... with effect from july 3, 1991, the name of the license was changed to exim scrip ( export and import licence). ..... state of orissa, : [1991]2scr105 . .....